| (a) This section is authorized under Texas Occupations
Code, Chapters 51 and 403.
(1) If a person violates any provision of Texas Occupations
Code, Chapters 51, 403, or any other applicable provision, this chapter,
or a rule or order of the executive director or commission, proceedings
may be instituted to impose administrative penalties, administrative
sanctions, or both in accordance with the provisions of the Texas
Occupations Code and the associated rules.
(2) The enforcement authority granted under Texas Occupations
Code, Chapters 51 and 403, and any associated rules may be used to
enforce the Texas Occupations Code and this chapter.
(b) A license holder shall comply with the following
requirements in the provision of professional services. All license
holders shall:
(1) only provide professional services that are within
the scope of the license holder's competence, considering level of
education, training, and experience.
(2) ensure a safe therapy or teaching environment for
clients.
(3) not jeopardize a client's safety or well-being
by abusive or inattentive behavior.
(4) maintain objectivity in all matters concerning
the welfare of the client.
(5) terminate a professional relationship when it is
reasonably clear that the client is not benefitting from the services
being provided or when it is reasonably clear that the client no longer
needs the services.
(6) seek to identify competent, dependable referral
sources for clients and shall refer when requested or appropriate.
(7) provide accurate information to clients and the
public about the nature and management of dyslexia and about the services
rendered.
(8) be knowledgeable of all available diagnostic data
and other relevant information regarding each client.
(9) not guarantee, directly or by implication, the
results of any therapeutic or teaching services, except that a reasonable
statement of prognosis may be made. A license holder shall not mislead
clients to expect results that cannot be predicted from reliable evidence.
(10) accurately represent and describe any product
created or recommended by the license holder.
(11) not require the exclusive use or purchase by a
client of any product created or produced by the license holder.
(12) not use his or her professional relationship with
a client to promote any product for personal gain or profit, unless
the license holder has disclosed to the client the nature of the license
holder's personal gain or profit.
(13) not misrepresent his or her education, training,
credentials, or competence.
(14) fully inform clients of the nature and possible
outcomes of services rendered.
(15) obtain written consent from a client or a minor
client's parent or legal guardian in order to use the client's data
or information for research or teaching activities.
(16) not falsify records.
(17) bill a client or third party only for the services
actually rendered in the manner agreed to by the license holder and
the client or the minor client's parent or legal guardian.
(18) not provide professional services to a client
who is receiving dyslexia services from another license holder, except
with the prior knowledge and consent of the other license holder.
(19) not reveal, without authorization, any professional
or personal information about a client unless required by law or compelled
by a court to do so, or unless doing so is necessary to protect the
welfare of the client or of the community. If a license holder reveals
professional or personal information about a client without authorization,
the information disclosed, the person or entity to whom it was disclosed,
and the justification for disclosure shall be documented by the license
holder in the client's record.
(20) provide, in plain language, a written explanation
of the charges for professional services previously made on a bill
or statement, upon the written request of a client or the minor client's
parent or legal guardian.
(21) not engage in the medical diagnosis or treatment
of clients.
(22) not engage in sexual contact, including intercourse
or kissing, sexual exploitation, or therapeutic deception, with a
client. Sexual contact and sexual intercourse mean the activities
and behaviors described in Penal Code, §21.01. Sexual exploitation
means a pattern, practice, or scheme of conduct, which may include
sexual contact, that can reasonably be construed as being for the
purposes of sexual arousal or gratification or sexual abuse of any
person. Therapeutic deception means a representation by a license
holder that sexual contact with, or sexual exploitation by, the license
holder is consistent with, or part of, the professional services being
provided to the client.
(23) not use alcohol or drugs, not legally prescribed
for the license holder, when the use adversely affects or could adversely
affect the provision of professional services.
(24) not offer to pay or agree to accept any remuneration
directly or indirectly, overtly or covertly, in cash or in kind, to
or from any person, firm, association of persons, partnership, or
corporation for securing or soliciting clients or patronage.
(25) comply with all provisions of the Act and this
chapter, as well as any other state or federal law or rule that relates
to the provision of professional services by, or the regulation of
the license holder.
(26) not obtain a license by means of fraud, misrepresentation,
or concealment of a material fact.
(27) not sell, barter, or offer to sell or barter a
license.
(28) inform the department of any violations of this
chapter or the Act.
(29) comply with any order issued by the department
that relates to the license holder.
(30) not interfere with a department investigation
or disciplinary proceeding by misrepresentation or omission of facts
to the department or by the use of threats or harassment against any
person.
(31) cooperate with the department by promptly furnishing
required documents and by promptly responding to a request for information
from the department.
(32) provide professional services without discrimination
based on race, color, national origin, religion, gender, age, or disability.
(c) A license holder in private practice shall:
(1) provide a client or a minor client's parent or
legal guardian with a written agreement for services prior to the
commencement of professional services.
(A) The agreement shall contain, at a minimum, a description
of the services to be provided, goals, techniques, materials, the
cost for services, payment arrangements and policies, hours, cancellation
and refund policies, contact information for both parties, and the
dated signatures of both parties.
(B) Any subsequent modifications to the agreement shall
be signed and dated by both parties.
(2) maintain legible and accurate records of professional
services rendered. A license holder practicing in an educational setting,
including a school, learning center, or clinic, shall comply with
the recordkeeping requirements of the educational setting.
(3) maintain records for a minimum of five years following
the termination of services. A license holder practicing in an educational
setting, including a school, learning center, or clinic, shall comply
with the records retention requirements of the educational setting.
(4) not delegate any service requiring professional
competence to a person not competent to provide the service. A license
holder in private practice is responsible for the services provided
by unlicensed persons employed or contracted by the license holder.
(5) notify each client or the minor client's parent
or legal guardian of the department's name, website, email address,
mailing address, and telephone number for the purpose of directing
complaints to the department by providing notification on a sign prominently
placed in the primary place of business or on a written document,
such as an agreement or contract for services or an informational
brochure provided by a license holder to a client or the minor client's
parent or legal guardian.
(6) display the license in the primary location of
practice, but shall not display a license that has been photographically
or otherwise reproduced.
(d) Information used by a license holder in any advertisement
or announcement shall not contain information that is false, inaccurate,
misleading, incomplete, out of context, deceptive or not readily verifiable.
Advertising includes, but is not limited to, any announcement of services,
letterhead, business cards, commercial products, and billing statements.
False, misleading, or deceptive advertising or advertising not readily
subject to verification includes advertising that:
Cont'd... |
